Florida Court Upholds Employee Rights in Landmark Medical Marijuana Case

Florida Court Upholds Employee Rights in Landmark Medical Marijuana Case

In a groundbreaking legal victory, first reported by Mitch Perry of the Florida Phoenix, Circuit Court Judge Melissa Polo of Hillsborough County ruled in favor of Angelo Giambrone, granting his motion for summary judgment against Hillsborough County in a case that underscores employee rights, workplace accommodations, and the evolving landscape of medical marijuana laws in Florida.

What Happened?

Angelo Giambrone, an Emergency Medical Technician (EMT) with Hillsborough County, faced administrative leave without pay after testing positive for marijuana during a random drug screening. Despite holding a valid Florida medical marijuana card, Giambrone’s employer refused to treat his positive test as a negative, arguing that medical marijuana did not fall under their Drug-Free Workplace Policy’s provisions for prescription medications. 

The court ruled that Giambrone’s suspension violated the Florida Civil Rights Act (FCRA), his Collective Bargaining Agreement (CBA), and the county's Drug-Free Workplace Policy. Judge Melissa Polo’s decision reaffirmed the rights of employees who lawfully use medical marijuana outside of work, emphasizing the need for workplace policies to align with state law.

Key Takeaways from the Decision

1. Protection Under the Florida Civil Rights Act

The court found that Giambrone, who suffered from diagnosed anxiety and insomnia, was a qualified individual with disabilities under the FCRA. Medical marijuana, prescribed under Florida’s constitutional framework, served as an effective treatment for his conditions. The county’s refusal to accommodate his off-duty medical marijuana use constituted discrimination.

2. Violation of Drug-Free Workplace Policies

Hillsborough County’s Drug-Free Workplace Policy required that employees be allowed to explain positive drug tests. The policy’s language explicitly allowed prescription and non-prescription medications recognized under federal or state law. Giambrone complied with these provisions by submitting his medical marijuana card within the required timeframe, yet the county failed to treat the test as negative. The court held this to be a breach of contract.

3. Distinction from Federal Law

The county argued that federal law, which classifies marijuana as a Schedule I substance, justified its actions. However, the court ruled that this case hinged on Florida state law, not federal statutes. The court also distinguished this case from Ortiz v. Department of Corrections, where a correctional officer’s marijuana use directly conflicted with federal firearm possession laws—a condition not applicable to EMTs like Giambrone.

4. Impact of Collective Bargaining Agreements

The court underscored the importance of CBAs in governing workplace conditions. Hillsborough County’s agreement, which permitted employees to justify positive tests with valid prescriptions, implicitly recognized the legitimacy of state-authorized medical marijuana use. The county’s failure to honor this provision amounted to a breach of the CBA.

Implications for Florida Employees and Employers

For Employees:

• This decision solidifies protections for employees who are lawful medical marijuana patients under Florida law.
• Workers should be aware of their rights under the FCRA, especially regarding accommodations for disabilities and lawful medical treatments.

For Employers:

• Policies regarding drug testing and workplace conduct must be updated to reflect Florida’s medical marijuana laws.
• Employers should ensure compliance with their own workplace policies, CBAs, and state laws to avoid legal pitfalls.

Why This Case Matters

As medical marijuana use continues to grow in Florida, this case sets a significant precedent for balancing workplace drug policies with employees' rights. For law firms like Kwall Barack Nadeau, which specialize in employment law, the decision provides a robust framework to advocate for workers facing discrimination due to medical marijuana use.

Florida voters enshrined the right to medical marijuana in the state constitution, and this ruling reinforces the principle that employers cannot selectively disregard state law under the guise of federal regulations or outdated workplace policies.

At Kwall Barack Nadeau, we’re committed to ensuring that employees’ rights are respected. If you believe your employer has violated your rights under Florida’s medical marijuana laws, contact us today for a consultation.